New Mexico Pay Period and Frequency Laws

Various labor laws and regulations are in effect across the United States. Some federal laws apply to all states, but no law is in place around pay period and frequency on a nationwide level. Explore the requirements around the schedule for paying employees in New Mexico.

Does New Mexico Have Pay Period and Frequency Laws That Differ from Federal Laws?

Yes, there is a law in place in New Mexico mandating the frequency of paychecks being issued to employees, which differs from federal law.

How Often Do Employers Need to Pay Employees in New Mexico?

Employers must pay employees at least once every 16 days. Some exceptions apply, including certain professional, administrative, and executive employees and those employed as outside salesmen. For these exceptions, monthly pay may be permitted.

Are There Designated New Mexico Payday Limit Requirements?

Yes, there is a limit on paydays in New Mexico. They must be scheduled at least every 16 days.

How Long After a Pay Period Must Wage be Paid in New Mexico?

Wages earned between the 1^st and 15^th of a month must be paid by the 25^th of the month. Wages earned between the 16^th and last day of the month must be paid by the 10^th day of the following month.

What Are the Penalties to Employers for Late Paychecks in New Mexico?

Failing to adhere to the pay frequency requirements subjects an employer to the payment of double the unpaid wages plus interest. Employees may also be permitted to file suits or wage claims to recover unpaid wages. Additional fines may apply for willful violations of the law.

What Are the Paycheck Requirements for An Employee Whose Employment Has Been Terminated?

If an employee is terminated by the employer, their final check is due within five days (if they receive a fixed amount). When an employee receives variable pay (like commissions), the check is due within 10 days of the termination.

For employees who resign, the final check will be due on the next regularly scheduled payday.

Are There Any Municipalities or Cities in New Mexico That Have Differing Pay Period or Pay Frequency Laws?

No, all cities and municipalities in New Mexico must adhere to the statewide law regarding pay frequency.

Are There Any Other Laws in New Mexico Regarding Pay Periods and Pay Frequency?

Employers must provide written receipts with all paychecks issued. The statement needs to include the number of hours worked, gross pay, total wages and benefits earned, and an itemized listing of all deductions withheld from the pay.

Accurate hours are critical to accurate paychecks. An automated time and labor platform like WorkforceHub streamlines how you collect employee time data. Integrations with top payroll platforms ensure that employees receive the proper pay for hours worked. Plus, you can set up pay periods within the platform that comply with New Mexico regulations.